JUDGMENTS – AUSTRALIA

ANZ says credit card late fees won’t rise after court win

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Original article by James Eyers
The Australian Financial Review – Page: 2 : 28-Jul-16

Andrew Watson of law firm Maurice Blackburn has warned that banks may increase their credit card late payment fees after the High Court dismissed a class action case. Watson says the Federal Government should step in to protect consumers from unfair fee increases, but the ANZ Bank says such intervention is unnecessary as the court has ruled that its fees are fair. The bank has also ruled out increasing its late payment fees, which it had reduced in 2009. The class action commenced in 2010.

CORPORATES
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, MAURICE BLACKBURN PTY LTD, HIGH COURT OF AUSTRALIA, IMF BENTHAM LIMITED – ASX IMF, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, UNIVERSITY OF NEW SOUTH WALES

Aurizon wins fight over legacy perks

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Original article by Ewin Hannan
The Australian Financial Review – Page: 3 : 4-Sep-15

The Federal Court has upheld a Fair Work Commission ruling terminating perks and job protection clauses in a union agreement with Aurizon, Australia’s biggest rail freight operator. The agreement had been imposed on Aurizon in 2010 when the Bligh Government privatised Queensland Rail. The so-called legacy provisions banned forced redundancies, placed restrictions on hiring and rostering and allowed for free travel for 6,000 employees and their families.

CORPORATES
AURIZON HOLDINGS LIMITED – ASX AZJ, AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, ACTU, UNIVERSITY OF ADELAIDE

Labor rallies as Heydon decides to stay

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Original article by Phillip Coorey, Ewin Hannan
The Australian Financial Review – Page: 4 : 1-Sep-15

Union leaders fighting the Royal Commission into Trade Union Governance & Corruption have been likened to corrupt police who tried to shut down the Fitzgerald Royal Commission in Queensland in the 1980s. Attorney-General George Brandis said the Australian Labor Party and the unions were throwing mud at the royal commission because they had much to fear. The head of the royal commission, Justice Dyson Heydon, has refused to recuse himself.

CORPORATES
AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION, AUSTRALIA. ATTORNEY-GENERAL’S DEPT, AUSTRALIAN LABOR PARTY, AUSTRALIA. OFFICE OF THE GOVERNOR-GENERAL, ACTU, LIBERAL PARTY OF AUSTRALIA

ANZ banks big win in class action fees battle

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Original article by Katie Walsh, Clancy Yeates
The Australian Financial Review – Page: 17 & 22 : 9-Apr-15

Law firm Maurice Blackburn may launch a High Court appeal against the Federal Court’s rejection of a class-action lawsuit against the ANZ Bank. The case centred on the question of whether bank fees were excessive, with more than 43,000 ANZ customers participating in the class action. Other major banks are subject to separate class actions over bank fees, with about 180,000 customers in all taking part

CORPORATES
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, MAURICE BLACKBURN PTY LTD, FEDERAL COURT OF AUSTRALIA, HIGH COURT OF AUSTRALIA, IMF BENTHAM LIMITED – ASX IMF, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, WESTPAC BANKING CORPORATION – ASX WBC, JONES DAY, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, BABCOCK AND BROWN LIMITED, KING AND WOOD MALLESONS

iiNet must reveal downloaders’ IDs

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Original article by Marianna Papadakis, David Ramli, Max Mason
The Australian Financial Review – Page: 3 : 8-Apr-15

The Federal Court of Australia has upheld a bid to obtain the identities of people who allegedly downloaded illegal copies of a US film. Dallas Buyers Club LLC took legal action against several ISP to obtain the names and residential addresses of Australians associated with more than 4,700 IP addresses that were used to download "Dallas Buyers Club". The ruling affects iiNet, Dodo, Adam Internet, Amnet and Internode

CORPORATES
FEDERAL COURT OF AUSTRALIA, IINET LIMITED – ASX IIN, DODO INTERNET PTY LTD, ADAM INTERNET PTY LTD, AMNET LIMITED, INTERNODE SYSTEMS PTY LTD, M2 GROUP LIMITED – ASX MTU, DALLAS BUYERS CLUB LLC, VOLTAGE PICTURES LLC, COMMUNICATIONS ALLIANCE LIMITED, HIGH COURT OF AUSTRALIA

Former MD to repay company $500,000

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Original article by Paul Garvey
The Australian – Page: 20 : 23-Sep-14

The Federal Court of Australia has ordered the former MD of explorer MHM Metals to repay over $A500,000 to the company. It found that John Rogers had misappropriated company funds through the sale of a boat in 2008. The company also plans to pursue claims for $A5 million against one of Rogers’ private companies, with allegations of related party transactions and conflicts of interest

CORPORATES
MHM METALS LIMITED – ASX MHM, FEDERAL COURT OF AUSTRALIA, PROJECT DEVELOPMENT CORPORATION PTY LTD

Setback for Rinehart in dispute over royalties

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Original article by Leo Shanahan
The Australian – Page: 21 : 17-Sep-14

A court decision will reduce iron ore royalties for Hancock Prospecting and Wright Prospecting by $A80 million. The companies wanted $A200 million from Rio Tinto, in a dispute stemming from royalty agreements made in the 1960s with Hamersley Iron, now a subsidiary of Rio Tinto. Part of Rio’s appeal was dismissed, but the court found that the joint venture Hanright was not entitled to royalties from the Channar agreement

CORPORATES
RIO TINTO LIMITED – ASX RIO, HANCOCK PROSPECTING PTY LTD, WRIGHT PROSPECTING PTY LTD, HAMERSLEY IRON PTY LTD, HIGH COURT OF AUSTRALIA